Milan Daimari v. The State of Assam

ORDER

20.11.2024

¶1Heard Mr. F. Haque, learned counsel for the petitioner Milan Daimari.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since Page No.# 2/3

08.11.2024 in connection with Boko P.S. Case No. 492/2024 under Sections 308(4)/308(5)/351(2)/3(5) of the BNS.

¶3Heard Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that he along with his companions have been extorting money in the name of "Kutumba Suraksha Parishad". It is submitted on behalf of the petitioner that the petitioner is not the organizer. The leader and the organizer is Rahul Rabha. On the contrary, the police have also been taking cuts out of the collected money in which the petitioner is not all involved.

¶5Learned Additional Public Prosecutor has raised serious objection stating that Case Diary is necessary to consider the bail petition.

¶6I have considered the submission on behalf of the petitioner that the petitioner is willing to cooperate with the remaining part of the investigation and he is willing to abide by any stringent bail conditions, if imposed upon him. The petitioner is a local resident and he is not a flight risk.

¶7Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned J.M.F.C., First Class, Boko under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged,

(ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and Page No.# 3/3

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission.

¶8On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶9In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010242372024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3517/2024 MILAN DAIMARI S/O LATE BHABESH DAIMARI R/O RAJAPARA P.S. BOKO DIST. KAMRUP VERSUS THE STATE OF ASSAM REP BY PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND